Anwar’s Sodomy II charge – morality/legitimacy of Abdullah’s premiership under question


I was not surprised when I received a call from Anwar Ibrahim at 11.38 am informing me that he had been asked to appear to be charged in court at 10 am tomorrow.

But the expectation did not diminish one whit the shock and dismay at hearing its confirmation.

For while like most Malaysians, who are not really surprised that Anwar is being dragged to court for the second time on a sodomy charge, we also nurse the hope and wish that sanity will prevail in our land and the country spared another traumatic political trial where Malaysia’s yet-to-be launched judicial reform to restore our international reputation two decades ago where there is just rule of law and a truly independent judiciary would not come to an abrupt end.

Just like Anwar’s Sodomy I trial, any Sodomy II trial is not going to be just about Anwar as the nation and our future will be on trial.

Are we a nation which deserves international trust and respect for our high and unquestioned regard for the rule of law and a judiciary of independence, impartiality, integrity and meritocracy?

Are we a nation where investors can safely place their investments because we are a nation of laws and not of men?

When news go out to the nation and the world tomorrow of Anwar’s Sodomy II charge, it will be a sad and black day for Malaysia as it will be a clear and unmistakable signal that Malaysia has not dissociated from its recent dark past, where laws were used to suppress dissent and legitimate political and democratic challenge rather than to build a united, just, progressive and prosperous Malaysia.

Investor sentiments, both foreign and domestic, which are already worried about the national drift and lack of direction in the five months since the March 8 “political tsunami” as reflected in the 227-point drop in the Kuala Lumpur Composite Index from 1,355 on March 7 to 1,128 yesterday (August 5), are going to be even more negative.

Will Anwar be allowed bail tomorrow so that he could campaign for the Permatang Pauh by-election – with the nomination and polling dates set by the Election Commission on August 16 and 26 respective?

Or will Anwar be denied bail and has to campaign from behind the bars of Sungei Buloh prison?

If Anwar is denied bail, the very morality and legitimacy of the Abdullah premiership will come under question, nationally and internationally – which will be a very sad end for a Prime Minister who had started his administration with such high hopes and great mandate from ordinary Malaysians less than five years ago!

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  1. #1 by undergrad2 on Thursday, 7 August 2008 - 7:16 am

    Ordinarily what is evidence is the testimony of the witness in court. But in this case the witness has left the jurisdiction of the court and presumably will not be extradicted back to Malaysia (because it will not be in the interest of the prosecutor to have this witness extradicted). His sworn statement made to the police under S. 112 of the CPC will be admitted into evidence to prove the truth of its contents ( which ordinarily would not be allowed because of its hearsay nature). His statutory declaration would also be admitted into evidence by the defense and inconsistencies would have to be explained. Both police officers will be called to testify and will be subject to cross-examination. And so would the lawyer who prepared the SD and witnessed.

    It is up to the judge how much weight to give to the witness statements and the sworn declaration.

  2. #2 by undergrad2 on Thursday, 7 August 2008 - 7:26 am

    If I were the judge I would not give much weight one way or the other. The second medical examination then becomes crucial. If the doctor who examined the victim for the second time is found by the judge to be a credible witness, then Anwar is in deep shi*t! But that is not the end of the story. The doctor would be cross-examined by counsel for the defense. Defense counsel might be able to reduce the damage done to the defense case. Defense might want to call another doctor as an expert witness to throw doubt into the finding by the second doctor.

    ***But it looks like the case would go forward to a full trial in view of the evidence if unrebutted would tend to prove the guilt of the accused.

  3. #3 by undergrad2 on Thursday, 7 August 2008 - 7:28 am

    It looks like Anwar will be denied bail and will be spending time in jail while waiting for trial! He is in real deep shi*t – and so is the country!

  4. #4 by k1980 on Thursday, 7 August 2008 - 7:46 am

    According to the Law of Retribution, when Anwar becomes PM, Dollah’s Sodomy Trial 1, 2 and 3 will begin

  5. #5 by KennyGan on Thursday, 7 August 2008 - 7:46 am

    “It’s a pity, we have yet to hear from the accused, DSAI, expressing shock that such an event has taken place” – malaysiaunited

    He has already expressed shock and disgust when the allegation first came out, do you expect him to keep expressing shock?

    “As such, the silent majority still believes DSAI is involved in such behaviour…”

    You and who else? The Merdeka survey showed that only 11% believed the allegation against him and that was before the doctor’s report was leaked. It should be much less now.

  6. #6 by pulau_sibu on Thursday, 7 August 2008 - 7:56 am

    When is the religious court going to start the trial? i think the religious court is above this kangaroo court, right?

  7. #7 by Godfather on Thursday, 7 August 2008 - 8:03 am

    Dr Hamid Osman’s statutory declaration gave me the shivers. It showed the modus operandi of the police – continously changing witness reports to “fit” the crime, harassing witnesses, intimidation…

    Clearly, UMNO’s definition of “cooperation” is “either do as we say or else….”.

  8. #8 by Godfather on Thursday, 7 August 2008 - 8:05 am

    According to Undergrad2, Anwar will be denied bail due to flight risk. I suppose offering to surrender one’s passport is not good enough to mitigate flight risk ? Maybe the prosecution will claim that Anwar will be whisked by the CIA to US territory ?

  9. #9 by Bigjoe on Thursday, 7 August 2008 - 8:39 am

    Morality and Legitimacy of Badawi’s premiership.. Hmmm…. Well, the legitimacy of his premiership was questionable from the start anyway. I mean the premiership is decided by a few thousand cronies anyway without any real contest…Morality well, cowardice and irresponsibility is bad character but its not immoral unless you include lies which is not proven yet and likely he has deniability of any. But then again, if we use morality as a yardstick for qualification most of our politicians won’t qualify (although the Islamist will never agree to that…)

    My issue really is disqualification. Badawi has ever since his election in 2004 continue to disqualify himself only with periodic slowdown in being disqualified. He persistently overpromise and underdeliver. Just lousy management and leadership, plain and simple.

    This morning as he defend his stand saying if they have proof then prosecute otherwise drop it is putting his head in the sand. The standard should have been if they can’t win and show it to the public, they have to drop it. They are accountable to the public not the powers that be or even the system. Its gone beyond that by now – thanks to his own failure to reform for 5 years…

  10. #10 by ALLAN THAM on Thursday, 7 August 2008 - 8:41 am

    YB LIM , please use your opposition power to request the government to stop using the police harassing people. Today police set a road block once again near Batu Caves/Jalan Kuching, just to slow down the traffic flow and create unnecessary jam along the road. Police just block a little portion of the road with any policeman to be seen. Their purpose is just to slow the traffic.

    Why should they do that. It is because of Anwar appearing in Jalan Duta today? Aren’t ABB say he has no fear of Anwar? Why create trouble to the ordinary people? It is because of security that I do not see any security threat. Why the government restore to such a tactic nowadays instead of employing the police to solve so many crimes around the city? Doesn’t this an abuse of power? Can’t you opposition do something to stop this nonsense?

  11. #11 by Jeffrey on Thursday, 7 August 2008 - 8:53 am

    Anwar has said yesterday that his sources in the Attorney-General’s Chambers told him that the office was against preferring any charge against him. However he claimed that “the police and Abdullah’s close associates were allegedly keen on pursuing with the trial” per Report of Beh Lih Yi (Malaysiakini) | Aug 6, 08 4:36pm.

    YB Kit, RPK has pulled out another rabbit from the hat – a statutory declaration of 1st Aug of Dr Mohd Osman (the 1st doctor who examined Saiful in Hospital Pusrawi) – purporting to show complicity of investigators to implicate Anwar in an article titled “What the IGP and AG do not know……yet” see link : http://us2.malaysia-today.net/2008/content/view/10901/84/

    The charging of Anwar has placed the entire Administration and our Criminal Justice System on trial (even before Anwar’s trial).

  12. #12 by taiking on Thursday, 7 August 2008 - 9:34 am

    Of course, pm knows that the case against anwar is weak. But this is not an everyday court case where facts and law mattered. It is politically motivated and so neither facts nor law mattered.

    The question I would want to know is what is the particular political motivation?

    Given the close proximity in timing of the by-election and the charge which cannot be attributed to pure coincidence, one possibility is to derail anwar’s participation in the by-election. This they will do by locking him up during trial (i.e. he would be denied bail). However, they know very well that despite his absence, anwar will still win the by-election. He is unstopable, what more when he is PP. They also know that the act of charging and locking him up at this point in time would be counter-productive for it would almost certainly boost his popularity. It would be like lending him a hand in his campaigning efforts.

    Why would they do a thing like that? That would be truly odd.

    Could it be that they are driven to take odd stands and make odd decisions because they really dont have much choice or room to manoeuvre? In other words, is it an act of desperation?

    This could well be the reason if one were to look at the current political strength of UMNO. PM’s expiry date has already been stamped and DPM is clouded in too much controversies. The rest are no heavyweights and in any event they would readily clash against each other for position in the party. UMNO is one big mess internally. MIC, MCA and the rest are now too insignificant to contribute to BN because of UMNO’s big brother attitude all these years.

    And UMNO’s (I speak of UMNO only instead of BN because the other component parties are really no more than mere buzzing flies) policies are in shambles, corruption has hit record high with new ones being uncovered every other day, bridge cracking up, rood leaking, pipes bursting, and the list goes on with no end in sight.

    All these no doubt contributed to plunging popularity rating of the PM and his gang. The PM may seemingly not appear to be have been affected by the drastic drop in his popularity when he said “nevermind-lah”, nonetheless, the act of bringing anwar to court now cannot be seen as anything other than an act of desperation on pm’s part.

    But politics is ruled by popularity and he who is more popular would very naturally take over from he who is not. So what is the big deal? If the people no longer desire your service, you simply do the obvious – stop serving. Cant the pm do that? Cant UMNO accept that?

    Of course no. Vested personel interest is standing in the way. Its not a simple matter of pm stepping aside. Its the after effects that he is trying to subdue. He may hide them under the carpet now when he is still in power. But he would not be able to do so when he is out of power. Look at Taksin, ex-Thai premier. His wife has to spend time in jail now.

    So what PR is facing a desperate opponent. One who is panicking and in pieces. PR’s strategist must take full advantage and plot their way carefully.

  13. #13 by oknyua on Thursday, 7 August 2008 - 10:08 am

    I am starting to believe RPK’s “Kill 2 birds with 1 stone” theory.

    The one person who definitely be dragged into this mire is Najib. The tape recording of Saiful’s friend confession will be out. Najib’s name tinted again. Of course by then all of us would come out with one theory or the other regarding Najib’s interest to pin Anwar (Altantunya, Commission).

    AG (or SG) may not have a case, but enough to make Anwar’s life miserable. For Abdullah, approval rating (hatred) towards him would go a few notches down (spiralling downwards?).

    Taiking, I don’t beleive it impacted PR or PKR so negatively.

  14. #14 by oknyua on Thursday, 7 August 2008 - 10:58 am

    My posting under moderation. Anwar on bail, friend. Read in Malaysian Insider. So, “taiking”, not that bad for us, except for “malurian.”

  15. #15 by undergrad2 on Thursday, 7 August 2008 - 11:25 am

    If Anwar has been allowed bail then that is good news! There’s hope yet.

  16. #16 by badak on Thursday, 7 August 2008 - 11:31 am

    ABDULAHHH WAS MADE TO LOOK LIKE THE VILLAGE IDIOT BY THE COURTS…This whle thing is now a big joke.

  17. #17 by moomin.ng on Thursday, 7 August 2008 - 12:51 pm

    AAB is making a serious mistake. If he dropped the sodomi case, he would at least has a better review in history. Now he can only have a bad name. Not only he is weaked, mediocre, he is also wicked.

  18. #18 by ALLAN THAM on Thursday, 7 August 2008 - 2:55 pm

    DSAI’s supporters are gald at least bail was allowed. Anwar can now concentrate on the Permatang Pauh election now.

    The charge against him is being perceived by most of the people as malicious and political link. We also condemn ABB has lost sight on the important issues since last GE and has lost his control. It is most unfortunate that ABB has refuse to step down despite call from within and outside UMNO.

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